Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-01-26
THE wIEzEL.KLEIN CASE.
The Evidence All Enlargement to Com
mence This Morning.

The Evidence All Enlargement to Com
mence This Morning.
At $50 yesterday morning the argument
as to the adrnissibility of certain evidence
which the prosecution sought to introduce
was commenced by Mr.. Johnson, for the
defense. He spoke at some length in OPP
position to the admission of the testimony.
and quoted authorities to sustain his posi-
ton. District Attorney Bruner and Mr.
Jones, for the prosecution, urged that the
evidence was proper, and that they were
entitled to it as bearing upon the question
whether the defendant had been made the
victim of a felonious assault by the man
she subsequently killed. Mr.. Jones thought
some of the witnesses for the defense had
been put on to prove that rape had been
committed upon the defendant.
Mr. Johnson denied that they had put
witnesses forward to prove that proposition,
and alleged that they had only sought to
prove the condition of the defendants
mind.
After nearly two hours of argument, the
motion was submitted to the Court, who
decided that the evidence was not admissi
bic, mainly because of its attacking the
chastity, which the testimony introduced
by the defense did not open the way for.
The jury was then called in, but, as the
only witnesses the prosecution desired to
call were medical experts, and they were
not on hand, recess was taken until 1:30
Pm.
The Court reassembled at that hour, with
the customary crush of spectators. DIR. G.
Il. Glow was sworn, and testified, IN re-
Spouse to hypothetical question, that the
conduct of the defendant might be that of
either sane or insane person, not being
especially characteristic of either.
DR.. G.. L. Simmons, who was the next
witness, had known the defendant from
childhood. He had examined her at the
station-house as to her physical condition,
denote unsounGness of mind. Neither had
he seen anything in her during her lifetime
to indicate unsoundness of mind.
Mr.. Jones put a hypothetical question,
detailing all of the defendants actions,
from and including the evening of the al
legged rape up 10 the time of her arrest for
the murder of Jacob Klein, and desired the
doctors opinion, as an expert, as to her
sanity He replied that he did not think
her actions indicated insanity.
DR.. 4. Z. Bruno was next summoned to
testify as an expert, and the hypothetical
question propounded to DIR. Simmons was
presented to him. He thought all of the
defendants acts were those of sane person.
The prosecution having closed, the de-
Tense introduced several witnesses to rebut
the testimony taken in rebuttal ON the
previous day. Several witnesses testified
that the defendant was in Davisville on the
Sth of last March, contradicting the testi-
mony of those for the prosecution.
D. S. Jackson testified that there was
roof over the building and hallway at
the Grammar School where the alleged
outrage was committed upon the defendant,
and that there were no gas lights there. 1t
was also shown by an almanac which was
introduced that on the night of the assault
there was no moon, the object of the testi-
mony being doubtless to discredit young
Kuchler's story as to what he saw there
that night.
This completed the evidence in the case,
and it was decided to adjourn until 10 A. NJ.
to-day, when District Attorney Bruner
will commence the argument. As the
Court has not limited the attorneys as to
the time they may occupy, it is probable
that the case will not get to the jury until
late tO-morr0Y